Judgment Search Results Home > Cases Phrase: special court trial of offences relating to trnsactions in securities act 1992 section 7 jurisdiction of special court Court: punjab and haryana Page 1 of about 5 results (0.159 seconds)

Pegasus Asset Reconstruction P. Ltd. Vs. Haryana Concast Ltd.

Court : Punjab and Haryana

Reported in : [2009]152CompCas215(P& H)

..... ketan parekh : [2008] 143 comp cas 711 (sc), while adverting to the conflict between the provisions of the special court (trial of offences relating to transactions in securities) act, 1992 as amended in 1994 and the rdb act of 1993 the court held that when both the enactments had non obstante clauses, then in that case the proper procedure would be that one has to see the intention as ascertained by looking to the ..... company being wound up on or after the commencement of this act, the secured creditor of such company, who opts to realise his security instead of relinquishing his security and proving his debt under proviso to sub-section (1) of section 529 of the companies act, 1956 (1 of 1956) may retain the sale proceeds of the secured assets after depositing the workmen's dues with the liquidator in accordance with the provisions of section 529a of that act:provided also that the liquidator referred to in the second ..... the further point is whether the company court will completely lose its jurisdiction on an occasion when a secured creditor stakes the claim to the assets secured to it even after the official liquidator attached to the court is taking steps under the provisions of the companies act in the course of winding up and when the secured creditor had also participated for finalizing the sale and for ..... that the right of enforcement under the rdb act should be resorted to even if the company was in liquidation it did not rule out the jurisdiction of the court in all matters. .....

Present: Mr. Gopal Sharma Advocate Vs. State of Haryana …respondent

Court : Punjab and Haryana

..... state of maharashtra (2001) 8 scc 25.dealt with the scope of special court (trial of offences relating to transactions in securities) act, 1992. ..... the question for determination was; whether the pardon provision as contained in sections 306 and 307 of the code apply or not to the proceedings before the special court under the act. ..... ramdas sriniwas nayak, 1984 (2) scc 500.there can not be no doubt that the special court under the act will enjoy all powers which a court of original criminal jurisdiction enjoys whether of a magistrate or a court of session, save and except the one specifically denied. ..... examining section 11 of the act and section 251-a of the code of criminal procedure, 1898, the supreme court held that where the information discloses a cognizable as well as a non-cognizable offence, the police officer is not debarred from investigating any non-cognizable offence kumar vimal 2013.09.17 10:28 i attest to the accuracy and integrity of this document chandigarh cra no.225-sb o 8. ..... the supreme court held that though the special court is not a magistrate falling in any of the categories of magistrates as enumerated in section 306 of the code and also that it is not a court to which the commitment of a case is made, but it does not necessarily follow there from that power to tender pardon under sections 306 and 307 has not been conferred on the special court. .....

Kaka Vs. Hassan Bano and anr.

Court : Punjab and Haryana

Reported in : II(1998)DMC85

..... deal with each one of them with some elucidation :(i) whether the provisions of muslim women (protection of rights on divorce) act, 1986, operate retrospectively to the extent that it has the effect of invaliding the order/judgment of court of competent jurisdiction passed under section 125 of the criminal procedure code, render inter se parties, i.e. ..... in force, and the provisions of the act itself, if the wife is unable to maintain herself after the iddat period, an order directing payment of such maintenance could be passed against the relations specified in sub-section (1) of section 4 of the act, and if no such relations do exist with enough means to pay maintenance under the provisions of sub-section (1) of section 4 in that event the state wakf board ..... gave unto themselves a resolution to constitute india into a sovereign, socialistic, secular, democratic, republic with a purpose and object to secure to its citizens justice in all spheres, liberty in belief and expression and equality of status and opportunity to promote fraternity assuring ..... of maintenance in four equal monthly instalments upto the period 18.5.1986 and the court further directed the learned trial court to adjudicate upon the averments of the petitioner-husband that he had divorced his ..... the act being a ..... the court, a division bench of such court considered it proper that questions arising in this criminal revision should be decided by a full bench and so directed vide its order dated 12.11.1992, which .....

M/S. Haryana Chlorochem Vs. Uco Bank and Another

Court : Punjab and Haryana

Reported in : AIR1993P& H139

..... by way of preliminary objections, it has been pleaded that the writ petition raises disputed questions of fact which cannot be gone into by this court in its writ jurisdiction under articles 226/227 of the constitution of india, so the petitioner be shown the door of the civil court as also that the petitioner has failed to perform his part of the agreement and, therefore, the entire question is based on contract, breach ..... circumstances, that have been narrated above, finding no solace from the respondent financial institution which is meant to cater for the needs of the petitioner and the like has approached this court praying for issuance of a writ in the nature of mandamus as indicated in the beginning of the judgment and also praying that order annexure p8 vide which loan has been recalled along ..... on conditions specified before the auction, the auction fee and the security had to be deposited before lifting the minimum quota of liquor ..... letters annexures r1 and r2 to fulfil the conditions but since the petitioner had failed to do so, the bank vide its order dated 15-2-1992 had rightly cancelled the loan limits and directed the petitioner to deposit the entire outstanding amount of the term loan. ..... 12 of the constitution can commit breach of a solemn undertaking on which other side has acted and then contend that the party suffering by the breach of contract may sue for damages ..... at an auction for country liquor vends relating to certain villages in the district of ..... special ..... special .....

Harbans Lal and anr. Vs. State of Haryana

Court : Punjab and Haryana

Reported in : [1993]88STC357(P& H)

..... under the circumstances, it was held that the definition did not take within its fold the transaction which merely licenses a person to use goods without securing possession ; it was held that there was no delivery of possession of the locker to the hirer and, therefore, the transaction was not held to be a 'sale' and, therefore, not exigible to ..... . another argument raised was that note 2 of clause (1) of section 2 of the hgst act, 1973, referred to in the earlier part of the judgment, which came into force with effect from 1st day of april, 1987, made it obligatory on the assessing authority to charge sales tax so far as it relates to the goods, namely, shuttering material (used in construction of buildings), tents, kanats, chholdari, crockery, utensils ..... a series of subsequent decisions, the law relating to this aspect of the matter was considered by various high courts of the country and the supreme court of india such as state of himachal pradesh ..... it would have been more appropriate, if these facts were left to be determined by the authorities under the act as this court was called upon to determine only the questions of law arising out of those facts because in some of the cases, the assessment proceedings are pending before the various authorities but on the insistence ..... commercial tax officer [1990] 77 stc 182, a division bench of the andhra pradesh high court, held that transfer of the right to use is a species of bailment and for that purpose, delivery of possession of the .....